04-21-09
MINUTES
OCOEE CITY COMMISSION
April 21, 2009, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. A Silent Prayer was followed by the Pledge of Allegiance to the Flag,
led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum
present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Keller (arrived at 8:08 p.m.), and Commissioner Johnson.
Also Present: City Attorney Rosenthal, Assistant City Manager Croteau, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Presentation to Jim and Rose Morton Special Ambassador to Mayor. (Mayor Vandergrift)
Proclamation - Arbor Day - April 24, 2009. (Mayor Vandergrift)
Presentation- Tree City USA - Dana Sussman, Orange County Forester (Florida
Department of Agriculture Division of Forestry)
Ms. Sussman explained the four standards needed to become a Tree City and presented the City
with a plaque and large banner.
Presentation - Promotion of Yancy Cleveland from Lieutenant to Battalion Chief. (Fire
Chief Firstner)
Mayor Vandergrift announced that Item #14, Fountains West has been pulled at the request of
the applicant. It will be re-advertised for Public Hearing, possibly for May 19, 2009.
I Co COMMENTS FROM CITIZENSIPUBLIC - none
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that the 7th Annual Best Fest sponsored by the West Orange
Chamber of Commerce will be held on Thursday, May 14, 2009 at the Exchange at Winter
Garden Village. He said there are 10 tickets for purchase that we have historically purchased
and asked for Col1lI11ission Consensus.
Mavor Vanderarift, seconded bv Commissioner Johnson, moved to purchase 10
tickets for the Best Fest in the amount of $310.00 to be taken from the
Commission Continaencv fund. Motion carried 4-0, with Commissioner Keller
absent.
City Manager Frank said the Orange County School Board recently approved an outdoor sign
contract to place billboards on various school properties throughout the county, whereas they
would receive one half of the revenue. He said he would like consensus to send a letter stating
that our sign regulations prohibit certain signs within the City of Ocoee boundaries.
City Commission Regular
April 21, 2009
Mayor Vanderarift. seconded by Commissioner Wilsen. moved that we write a
letter to the school board statina that our sianaae reaulations prohibit certain
sians in all zonina districts in the City. Motion carried 4-0. with Commissioner
Keller absent.
City Manager Frank said the City has secured letters of endorsement from State Representative
Brian Nelson and MetroPlan Executive Director Harry Barley stating that the projects that we
submitted through Grayson, for transportation bill funding are excellent projects. He stated he
feels that it will help us get a bigger slice of the pie.
City Manager Frank said this Thursday is "Bring Your Child to Work Day"; kids will shadow
their parents in the morning; free lunch will be served at Public Works; a tour of the Utilities
building will take place in the afternoon. Commissioners are welcome to attend.
City Manager Frank said the Demolition of the Colony Plaza is scheduled for Saturday, May 9,
2009, at 7: 10 a.m. There was a discussion with regard to the permits, the method of demolition,
road closures, and notification of surrounding property owners. City Attorney Rosenthal said
the contractor asked that the city incur the expense of notifying the surrounding property owners,
but it was later agreed that it would be at the expense of the contractor. There is an open issue
with regard to filming of the demolition, and that will have to be resolved between now and May
9, 2009. He stated the contractor has the liability for the demolition, our contract with them does
not state the method of demolition. The project is bonded and they will need to do the
notifications and contract any services they need such as traffic control, etc. Mayor
Vandergrift felt that the City should oversee it. City Attorney Rosenthal said by overseeing it
we would be accepting liability. There was discussion on the permit being issued by the State
and not locally. Assistant City Manager Croteau said CIP Manager Al Butler has been
monitoring the project. She added that as of today they made provisions with the property
owners and for the road closure on Highway 50. She added that the contractor determined, once
the structure was cleared out, that it could be imploded and it will be a faster method.
I E. COMMISSIONERS ANNOUNCEMENTS
COrt}tniss.ioner Johnsot! I) said the Lions Club Golf Tournament is on May 2, 2009; City
Engineer Wheeler said registration is at 7:00 am and play starts at 8:00 am. 2) said the Chamber
has the after-hours event coming up on June 18, 2009; he asked if the City would consider
splitting sponsorship with Gosselin Realty and holding it here at the City. City Manager Frank
~}U bE~~~,~ac~ mor,~)nformation and dollar amounts.
Commis~i,cmer ~ilS~Jl 1) thanked Parks and Recreation held a great event with the
Eggstravaganza 2) said the Movies in the Park last time was very successful and the next one is
on May 2, 2009. Mayor Vandergrift also asked about pool hours. Parks and Recreation
Director Hayes said the pool will be open 11 :00 a.m. - 7:00 p.m. beginning May 2, 2009. The
cost is $.75 for kids and $1.25 for adults. Mayor Vandergrift advised people to watch for times
for "Dive in Movies" at the pool.
~Qmtni~sionet';Hood 1) adding to Commissioner Wilsen's announcement regarding the Movies
in the Park, stating the movie will be "Bedtime Stories" and it starts at 7:25pm. 2) thanked Lynx
for extending the change date to June 4, 2009 on Link 27 as requested by the Commission to
help out through the end of the school season. 3) the new Lynx hybrid route will begin in June;
you will have to call in advance to make arrangements. 4) the Big Orange Games will be held on
May 2,2009. 5) said the Relay for Life team will be Friday at Ocoee High School, 6) the Ocoee
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City Commission Regular
April 21, 2009
High School Booster Golf Club Tournament is on May 2, 2009; call Coach Chambers at the
school for more information. 6) said he could not believe the turnout for the Easter
Eggstravaganza, it was a great event. 7) said he attended the Concealed Weapons Class and
Officer Lewis is doing a great job. Classes are free to residents and they are limited to 50 per
class. The next class is June 6, 2009.
Mayor Vandergrift 1) announced that the Florida Department of Health is trying to force
everyone in Central Florida with septic tanks that need replacement to convert to an upgraded
mini-sewer system. The conversion cost is between $6,000 - $20,000 and then electrical and
maintenance costs continue to accrue. He said he feels there should be a meeting on this. He
said he will place all updates in the gazette.
I F. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of April 7, 2009.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
2. Reappointment to the Human Relations Diversity Board (HRDB). (City Clerk
Eikenberry)
On September 16, 2003, Resolution No. 2003-21, was adopted creating the Human Relations and Diversity
Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then
amended by Resolution 2004-11, which changed the quorum requirement to 50% plus 1. The two-year terms of
Berwyn Oltman and William Maxwell will expire in May. Both of these members have indicated they are
willing to serve another term, if reappointed.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
3. Reappointment to the Board of Adjustment Board. (City Clerk Eikenberry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for
administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This
Board consists of five (5) regular members and two (2) alternate members. At this time there are five (5)
regular members and one (1) alternate member. The three-year term of Bob Colburn ends May 2009. Mr.
Colburn has indicated he is willing to serve another term, if reappointed.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
4. Approval of Edward Byrne Memorial Competitive Grant Program Category IV:
Hiring Civilian Staff in Law Enforcement. (Police Chief Brown)
The police department is requesting permission to apply for two civilian positions through the Edward Byrne
Memorial Competitive Grant Program Category IV: Hiring Civilian Staff in Law Enforcement. The grant
award is for a period not to exceed 24 months. The department will utilize the grant's Category IV to create
two new civilian positions that would allow sworn police officers to be more available on the streets to prevent
crime.
Pulled from the Consent Agenda and heard separately.
Commissioner Johnson said he pulled this item from the consent agenda because he wants the
Commission to consider, that with our present budget issues, acceptance of this grant means that
after the three years we will have to come up with the additional money for these positions.
He said he would like wait before hiring anyone to look at the budget. City Manager Frank
said the grant at the last meeting was for 4 officers, this one tonight is for 2 Community Service
Aide positions. He added that prior to adding new positions we would need to add the grant
funds to the City Revenue and change the amount of authorized positions to ascertain the affect
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City Commission Regular
April 21, 2009
on the budget. He stated that if we receive the grant, we can send the money back if we decide
not to use it, but if we don't start the application, we definitely won't get the money. He added
that no positions will be approved without going through the budget process. Commissioner
Wilsen said she does not think there is any harm in applying for the grant and making the
decision later about the positions. There was discussion about putting money into other types of
crime fighting systems that do not require personnel.
Commissioner Keller arrived at 8:08 p.m.
Mavor Vanderarift, seconded bv Commissioner Johnson moved to have staff
move forward with the arant application process, but not to hire any additional
positions until it is reviewed in the budaet process. Motion carried 5-0.
5. Approval of Fifth Amendment to Ground Lease Agreement with Forest Lake Golf
Course. (Utilities Director Smith)
The City entered into a Ground Lease Agreement December 3,1991, with Forest Lake Golf Club, LLP which
provided terms for Forest Lake to operate the golf facility over the City of Ocoee's wastewater facility's
effluent water disposal. The agreement has previously been revised four times. This amendment to the ground
lease agreement establishes a minimum daily flow of 450,000 gallons per day. Original terms of the agreement
had provided for and committed the City to convey to the golf course the maximum FDEP permitted flows. The
agreement also increases the allotments of rounds of golf from 50 to 60.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
6. Approval of City of Ocoee v. Lakendon, et al.: Parcel 106 - Groundtek Mediated
Settlement Agreement. (Assistant City Attorney Solik)
Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon. et aI., Parcell 06,
Groundtek. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire
Road Phase V project. Parcel 106 was mediated on March 27, 2009 and a settlement was reached subject to
commission approval.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
7. Approval of Change Order No.2 for the Lift Station 7 and Force Main Relocation
Project, and Authorize the Funds Required to Implement the Change Order. (City
Engineer Wheeler)
The Engineering Department has proposed a change order to implement the project modifications identified in
cooperation with the Utilities Department. Both involved City departments have reviewed the proposed prices
for new bid items and believe them to be reasonable and comparable; other prices were established in the
contract bid or previous change order.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
8. Approval ofWesmere Pavement Restoration. (Public Works Director Krug)
In June of2008, one of the City's sanitation trucks experienced a hydraulic system failure while collecting trash
in the Wesmere subdivision. The City responded and treated the affected areas to mitigate the spilled hydraulic
fluid, which occurred over several streets. At locations where the truck stopped, enough fluid collected to cause
the asphalt to deteriorate, especially at the location where the driver stopped the truck when the leak was
discovered. The City solicited pricing from asphalt contractors to repair the damaged locations. The repair
involves milling the damaged areas and paving with hot-mix asphalt. The responsive bidder provided a price of
$28,975.00 to complete the repairs. The Wesmere Homeowners Association is in the process of resurfacing
many of the streets affected by the hydraulic fluid. The City Staff recommends the Commission issue a
payment directly to the Wesmere HOA for the cost of the repairs with the payment to be used strictly for
resurfacing the damaged areas.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
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City Commission Regular
April 21, 2009
9. Approval of Sanitation Service Software. (Public Works Director Krug)
The Public Works Team continually strives to improve the Department's operations and reduce costs. To this
end, we are proposing to implement the Pinpoint Public Works (PPW) software system in Ocoee. PPW is a
remote data collection system based on mobile PDA devices utilizing touch screens and GPS to mark,
timestamp, categorize and document a location of an item needing to be addressed. The Sanitation Team
proposes using PPW to mark the locations of items that require collection by the claw truck and print the
locations to form a route for collection the following day. This will eliminate the need for the claw truck to
canvas the entire City looking for piles to pick up. This system will provide a proactive method for reporting
and addressing damaged/missing carts, pot holes and damaged signs through the simple touch screen entries by
the sanitation drivers. PPW also provides the GPS reporting & documentation required for disaster
reimbursement and storm water inspections.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
10. Approval of Interlocal Agreement with Orange County School Board Regarding
Collection of Impact Fees. (Development Services Director Shadrix)
The School Impact Fee Ordinance, which became effective on January 28, 2008 provided for an automatic
increase each year on the anniversary of its effective date. Effective January 28,2009, this automatic increase
resulted in a 5% increase in the current rates, which the City has been assessing since that time. The new school
impact fees that became effective on January 28th are as follows:
Single Family Detached: $12,420
Multifamily: $ 6,979
Mobile Home: $ 6,661
In addition to the increase in impact fees, the Florida Impact Fee Act Section 163.31801 (3)( c) F.S. requires that
the administrative charges for the collection of impact fees be limited to actual costs. Based on these new
provisions implemented in the Act, Cities in Orange County who collect school impact fees were required to
assess their collection costs to insure that administrative fees reflect the actual collection costs in place of the
3% charge that was previously applied. Orange County Public Schools recommended that the City develop an
administrative fee that was transaction based, which amounts to a charge for each impact fee collected by the
City rather than a straight 3% charge as was previously done. After consideration and study with the City's
Finance Department, the City decided to implement the recommended $102.00 transaction fee, and has been
assessing this fee concurrent with the implementation of the new school impact fee.
Approved on Consent. Motion carried 4-0, with Commissioner Keller absent.
I G. PUBLIC HEARINGS -second reading of ordinances
11. Approval of Ordinance Repealing and Restating Chapter 15 of the City of Ocoee Code
of Ordinances Entitled, "Parks and Recreation Advisory Board." (Advertised in the Orlando
Sentinel, Legal Classified on Sunday, April 12, 2009) (parks and Recreation Director Hayes)
In the last year, the Parks and Recreation Advisory Board frequently had difficulty achieving a quorum of the
membership and have therefore had to cancel many of their meetings. During a discussion of the City
Commission, direction was given to staff to look into the membership and quorum issues and to restructure the
membership of the Board to include wherever possible that members be selected from the following
organizations; Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football,
and West Orange Senior Citizens.
City Attorney Rosenthal read the title of the ordinance.
Parks and Recreation Director Hayes explained that the ordinance was revised at the direction
ofthe Commission to alleviate the issues with obtaining a quorum and the structure of the board.
Commissioner Hood, seconded bv Commissioner Johnson, moved to adopt
Ordinance 2009-012 per staff recommendations restatina Chapter 15 of the City of
Ocoee Code of Ordinances entitled "Parks and Recreation Advisory Board."
Motion carried 5-0.
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City Commission Regular
April 21, 2009
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-012
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING, RESTATING
AND SUPERSEDING, IN ITS ENTIRETY, CHAPTER 15 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, ENTITLED PARKS AND RECREATION
ADVISORY BOARD; PROVIDING FOR AMENDMENTS TO THE SECTIONS
REGARDING MEMBERSHIP, ATTENDANCE AND QUORUM; PROVIDING FOR
DELETION OF IRRELEVANT SECTIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
12. Approval of Ordinance for Hopper Property. (Advertised in the Orlando Sentinel, Legal
Classified on Thursday, April 9, 2009, and April 16, 2009) (principal Planner Rumer)
The proposed Annexation and Initial zoning of the Hopper property was reviewed at a Public Hearing by the
Planning and Zoning Commission on March 10,2009. The Planning & Zoning Commission voted unanimously
to recommend approval of the Annexation and Rezoning of the +/- 1.24 acre parcel of land known as the
Ho er Pro e located at 240 E. Silver Star Drive.
a. Annexation Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Principal Planner Rumor gave a Power Point presentation on the annexation and rezoning for
the property at Hopper Property located at 240 East Silver Star Road.
Mayor Pro Tem Keller opened the Public Hearing
There being no one wishing to speak, the Public Hearing was closed.
Commissioner Wilsen, seconded bv Commissioner Johnson moved to adopt
Ordinance No. 2009-006 approvina the annexation for the Hopper Property.
Motion carried 4-0, with Mavor Vanderarift away from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-006
TAX PARCEL ID # 17-22-28-0000-00-006;
CASE NO. AX-ll-08-13: Hopper Parcel Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 1.24 ACRES LOCATED NORTH SIDE
OF SILVER STAR ROAD AND SOUTH OF REWIS STREET., v.. EAST, NORTHEAST
OF THE INTERSECTION OF BLUFORD ROAD AND SILVER STAR ROAD;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
April 21, 2009
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the rezoning ordinance.
Mayor Pro Tem Keller opened the Public Hearing
There being no one wishing to speak, the Public Hearing was closed.
Commissioner Wilsen, seconded bv Commissioner Johnson moved to adopt
Ordinance No. 2009-007 approvina the rezonina for the Hopper Property. Motion
carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-007
TAX PARCEL ID # 17-22-28-0000-00-006;
CASE NO. RZ-08-11-10: Hopper Parcel Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW DENSITY RESIDENTIAL"
TO OCOEE R-IAA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 1.24 ACRES LOCATED NORTH SIDE
OF SILVER STAR ROAD AND SOUTH OF REWIS STREET., ~ EAST, NORTHEAST
OF THE INTERSECTION OF BLUFORD ROAD AND SILVER STAR ROAD;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
13. Approval of Ordinance for Silver Ridge Crossing. (Advertised in the Orlando Sentinel. Legal
Classified on Thursday. April 9, 2009) (Principal Planner Fabre)
The Silver Ridge Crossing property is located on the northeast comer of Silver Star Road and Ridgefield
Avenue. The subject site is approximately 1.7 acres in size and is currently undeveloped, vacant and sparsely
covered with a mixture of Golden Raintree, Palms and Oaks. The Applicant/Owner requests a "Planned Unit
Development" (PUD) zoning in order to create a mixed-use commercial development. Therefore, the
applicant/owner has submitted a Land Use Plan for the PUD rezoning and a Small-Scale Site Plan for
construction of a 13,515 square feet commercial building.
I a. Rezoning Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Principal Planner Fabre gave a Power Point presentation on the annexation and rezoning for
the Silver Ridge Crossing.
Mayor Vandergrift opened the Public Hearing
There being no one wishing to speak, the Public Hearing was closed. There was a lengthy
discussion with regard to the entrance and exit to the property and how it would affect traffic on
SilverStar Road and whether or not there would be stacking issues.
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City Commission Regular
April 21, 2009
Commissioner Johnson said he thinks it would be better to remove the island/wall on Silver
Star and place a turn lane in the road for vehicles that are stacking. He said he lived in that area
and he still has family there and there is already a traffic issue.
David Evans, of Evans Engineering stated that many traffic models were considered and the
analysis showed that the right-in only was the best scenario as well as expansion to three lanes
on Silver Star was the best way to alleviate traffic problems. He added that the "right-out" exit
was eliminated due to a DOT requirement. He stated that the previous project was a three story
office building and it created more problems for parking and traffic. He said they are here
because the site plan that was approved had C2 zoning and they are looking for C-l and to
restrict other types of businesses via a PD.
Community Services Director Shadrix said they went through several rounds of traffic
analysis before staff was satisfied and they have exceeded what they were required to do. He said
that what is best for the City does not always match up with DOT standards. Commissioner
Johnson said models aren't the same as when you have to drive the area every day.
Commissioner Keller said we have to decide what to do because we will have issues with any
business that tries to build on this property. He asked if they should consider putting in a traffic
light at Ocoee Hills.
Mayor Vandergrift opened the Public Hearing.
R.P. Monacky suggested lowering the speed on Silver Star Road.
Public Hearing was closed.
Mavor Vanderarift, seconded bv Commissioner Wilsen moved to adopt Ordinance
No. 2009-008 approvina the rezonina for the Silver Ridae Crossina. Motion
carried 4-1, with Commissioner Johnson opposed.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-008
CASE NO. RZ-09-02-03: SILVER RIDGE CROSSING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE C-l, NEIGHBORHOOD SHOPPING DISTRICT, TO
OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.7 ACRES LOCATED ON THE NORTHEAST
CORNER OF SILVER STAR ROAD AND RIDGE FIELD A VENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
I b. Development Agreement (not a Public Hearing)
Mavor Vanderarift, seconded bv Commissioner Hood moved to approve the
Development Aareement. Motion carried 4-1, with Commissioner Johnson
opposed.
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City Commission Regular
April 21, 2009
14. Approval of Ordinance for Fountains West - PUD Land Use Plan Amendment
Ordinance. (Advertised in the Orlando Sentinel, Legal Classified on Thursday. April 9, 2009) (Principal
Planner Fabre)
The Fountains West PUD was originally approved by the City Commission on December 19, 2006. The PUD
encompasses approximately 43 acres in size and is generally located on the northeast comer of the intersection
of West Road and Ocoee-Apopka Road. The Fountains West PUD subdivision consists of eight lots of which
Lot 6 is the recently constructed Publix Shopping Center. As of this date, lots I (Sun Trust Bank) and 3 (Fifth
Third Bank) are in the process of completing construction. Lot 2, approximately 1.14 acres in size, currently
remains undeveloped.
This item was pulled from the agenda and Mayor Vandergrift announced that it will be
advertisedfor Public Hearing at a later date, possibly for the May 21,2009 meeting.
I H. REGULAR AGENDA
15. Approval of Development Services Software System. (Development Services Director
Shadrix)
In 2007, the City Commission approved budget for purchase of software for the Building Division that would
streamline work efforts and provide for a more efficient, up-to-date customer service protocol and tracking
system. The Development Services Department, in its evaluation of proprietary software options learned of
low-cost, innovative software being developed for local governments by the University of Central Florida. Due
to high costs associated with providing necessary functionality for a system that manages building permitting,
development review, planning and zoning, business tax certification, and all other development services, this
option is an excellent choice. There are numerous advantages to hiring the University for this Work. The
software platform has already been evaluated by the City's Information Technology Division and determined to
be 100% compatible.
Community Services Director Shadrix said they have a long way to go in implementing their
customer service, but a key factor will be to automate everything. He said most local
governments use technology appropriately by getting all the processes streamlined. Our current
tracking system does not have a lot of communicative function. He added that because of the
University of Central Florida, we have an opportunity to use the $150,000 that was budgeted a
few years ago to create an efficient system. UCF has competed against and beat many of Ivy
League schools in the technology field. He stated they are offering us use of their system for
free, the costs we would incur would be for implementation. This system would allow us to have
a fully transactional web based permitting service. People could apply for a permit online, and
much like Turbo Tax where the user is interviewed step by step; it does not allow the user to fail
because it is set up based on our Codes. Theoretically, a person could pay for the permit, print it
and staple it up outside. He said they have agreed to initially set it up for approximately
$124,000. This is to pay PhD students to get the Code implemented into the process; some of
that would be reimbursed if they didn't use the anticipated hours. There would be no profit; it
would be a true partnership with another government agency.
There was discussion regarding updating the Land Development Code, maintenance on the
system, less staff needed for permitting shifting them to areas of greater need, overseeing the
implementation, and integration with GIS.
Dr. Karla Moore, Faculty Member at UCF, said they have been working with local
governments since 2003 with the main goal being to improve efficiency. They have been able to
reduce staff hours and help governments restructure their processes. Commissioner Hood noted
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City Commission Regular
April 21, 2009
that it is helpful that we would not be the first one to partner with UCF; a lot of trial and error has
been done. Commissioner Keller said it will be helpful to be able to use credit cards.
Mavor Vanderarift, seconded bv Commissioner Wilsen moved direct staff to move
forward with the purchase of the Development Services Software System,
previouslv budaeted, as recommended bv staff. Motion carried 5-0.
16. Appointments to the Code Enforcement Board. (City Clerk Eikenberry)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fmes for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms. There are two applications currently on file.
Member Ballard has currently resigned from the board as of March 24, 2009, which leaves a vacant regular
member position. There are two alternate member positions also currently open. Applications have been
received by two former Code Enforcement Board members who had previously resigned for personal reasons
but are now able to commit themselves back to the board. James Morton and Michael Hopper have both
indicated an interest on being appointed to the Code Enforcement Board for terms ending June 2012.
Commissioner Keller, seconded bv Commissioner Wilsen, moved to appoint Jim
Morton as the reaular member and Michael Hopper as the alternate member of the
Code Enforcement Board. Motion carried 5-0.
Commissioner Hood noted that we need to try to fill the other alternate position with someone
from District 3.
17. Request for Reduction of Fine and Release of Lien for Code Enforcement Board Case
No. 96-121, Alicia Rocna. (Building Official Washington)
On October 9, 1996, Code Enforcement Officer Randy Conyers observed violations of city code on the property
located at 110 Coquina Key Drive, Ocoee, Florida. The violations observed constituted a failure to have a
minimum housing re-inspection as notified. A notice of code violation was sent to the property owner, Alicia
Rocna, on November 6, 1996. A re-inspection of the property on November 18, 1996, revealed the property
remained in non-compliance. A Notice of Hearing was sent to the property owner, Alicia Rocna, to appear at
the Code Enforcement Board Meeting on November 26, 1996. A Compliance Order was issued by the Code
Enforcement Board giving the Respondent until December 6, 1996, to comply or pay a fme of $250.00 per day
until the property was brought into compliance. The property was re-inspected on October 17,2005, and found
in non-compliance. A second re-inspection on December 6, 2005, revealed the property had been brought into
compliance. An order imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on January
28, 1997. The fme accrued daily until the property was deemed in compliance on December 6, 2005. The total
amount of the fme is $2,153,755.49. A Request of Reduction of Fine was presented at the March 24,2009,
Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fmes to
$250.00 if paid within 30 days of commission approval and based on an estimated cost encumbered by the City.
Community Services Director Shadrix explained the history of this lien.
Owner, Alicia Rocna was present with an interpreter.
Commissioner Johnson, seconded bv Commissioner Hood moved to approve the
reduction of the fine to $250 per staff recommendations, pavable in 30 days or it
reverts back to the oriainal fine. No vote at this time due to subseauent
amendment.
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City Commission Regular
April 21, 2009
Commissioner Wilsen said she does not believe that $250 would cover staff costs with the Code
Board and Attorney being involved. City Manager Frank said he does not believe staff costs
have exceeded $500 at this time.
Commissioner Wilsen, seconded bv Commissioner Hood moved to amend the
motion approvina the reduction of the fine to $500, pavable in 30 days or it
reverts back to the oriainal fine. Motion carried 5-0.
Vote was taken on the oriainal motion as amended. Motion carried 5-0.
City Attorney Rosenthal asked the interpreter explained what was approved and owner Alicia
Rocna said that she understood.
Consensus of the Commission was that the "Minimum Housina Inspection"
process needs to be reviewed and possiblv revised.
18. Discussion on Charter Review Commission Report. (City Clerk Eikenberry)
On December 2,2008 this report was presented to the Commission. At the request of the Mayor, review of this
report was delayed until an Attorney General Opinion could be sought with respect to Section C-20, Duties of
the Mayor. That Opinion was received and it has been requested that Report of the Charter Review
Commission be placed back on the agenda for consideration.
This item was postponed to the next agenda due to the Charter Review Commission Chair being
unable to attend this evening.
I I. COMMENTS FROM COMMISSIONERS
ComiiiISSfoner"iiood - 1) inquired from Public Works Director Krug as to where they are at on
paving Wild Fern and that corridor. Public Works Director Krug said they keep getting a
response from the contractor that they will be doing work in two weeks but they are not sure
when they will officially start. They are currently looking at alternate contractors if this
contractor does not perform. He further said notices will be sent out to the residents once they
get a firm date. City Manager Frank said that this project was piggybacking off of the
Seminole County contract and he does not believe there is a contract with them but there is a
purchase order. They did do some work for us and have already been paid for those services. 2)
said at the last Commission meeting they discussed the islands out on Clarke Road and how they
would be on drip irrigation. Public Works Director Krug clarified that the drip irrigation was
going to be put in the islands on Silver Star Road. Commissioner Hood said he thinks St.
Augustine grass should be put throughout that area because it is a better look. City Manager
Frank said they are having a meeting about it tomorrow. Mayor Vandergrift commented that
they need to do away with all grass and use xeroscape plants. Public Works Director Krug
added that since Silver Star Road is a state right-of-way they are at the mercy on what is allowed
to be done. 3) thanked Lion's Club for the tickets for the Central Florida Fair. He further
announced there is a City of Ocoee exhibit out at the fair in the Community Building.
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City Commission Regular
April 21, 2009
- - - - - --,
Commissioner Wilsen - 1) said she is concerned about the budget and they are going to really
need to scale back. She further said they need to start saying "no" when someone asks for
money before the City Commission and recommend that they go to the Community Merit Board.
Most of the programs that come before them have had the ample time to go to the Merit Board to
ask for the money.
Commissioner Johnson - 1) said he agrees with Commissioner Wilsen and feels they do need
to cut out some things. He further said this is something they will need to look at during budget.
2) said the Relay for Life is this Friday and unfortunately he will be out of town and is unable to
attend.
(:om-mi'SSioiierKclieli - 1) announced that the Relay for Life is Friday and if anyone is
interested participating or making a donation they can contact Amanda Brumfield with Regions
Bank. 2) said the State is getting ready to do redistricting for congressional and house districts
and people can go to www.fairdistrict.org. if they are interested signing a petition requiring the
state does not gerrymander the districts as they have done so in the past. Mayor Vandergrift
added that one of the reasons the City cannot hold its municipal elections at the same time as the
Presidential elections is because the district lines are different for the county and state officials.
May,or vaDdergtif! - 1) reminded everyone to pay attention to the Septic Tank issue; he would
like to have a meeting to discuss how to prevent the residents from having new laws imposed on
them. He felt one option would be to put an oversized lift station with a spine down through
Brentwood it would be almost as cheap to convert to city sewer as it replace it. 2) said Highway
50 is slated to be six-Ianed from Good Homes Road to S.R. 429. In the past they had discussed
leaving it four lanes and re-doing intersections to make it easier to travel on. He further said that
improvements could be made so residents can avoid Highway 50 and use the back roads. He
was wondering if staff could look into getting funds to improve smaller roads such as Silver Star
Road and Ocoee Hills Road and wanted to give staff direction to negotiate that idea.
Commissioner Keller was concerned of traffic congestion problems during rush hour if six
lanes have to bottleneck down to four lanes within the City's portion of Highway 50. He was in
favor of the six lanes all the way through and thought they should concentrate on getting some of
the costs covered for moving the utilities, etc. Commissioner Hood added that we did send out a
letter requesting assistance with those costs. Commissioner Johnson said many major places
feed traffic by funneling it to the smaller roads, such as Main Street and Old Winter Garden
Road, which in turn brings business to the people on the side roads. He agreed with the Mayor
that it would keep residents from having to use Highway 50 as well. City Manager Frank said
some other issues with making it six lanes is putting in new drainage, closing the open ditches,
widening sidewalks, and making it a new and more attractive roadway. He said they may have
CRA dollars to make it more attractive at four lanes in the future, but he believes that would be
far in the future. He added that MetroPlan has already heard rumors that Ocoee was not
interested in the six lanes and said they will be happy to spend those dollars somewhere else, so
they really need to make a decision one way or the other. City Manager Frank said there are
other things to look at such as making it more attractive. Other discussions of using CRA dollars
included improvements such as benches, lights, etc. The Mayor asked how much it would cost
for utility relocation if they six lane Highway 50. Mr. Frank said last estimate was 2 million; the
entire project is 20-24 million.
Page 12 of 13
City Commission Regular
April 21, 2009
Mayor Vandergrift was in favor of enhancing other intersections and using parallel roads. City
Manager Frank said they asked the County about not widening Highway 50 and freeing up
money to extend other parallel roads such as Old Winter Garden road or Story but they are not
interested.
I ADJOURNMENT
The meeting adjourned at 9:47 p.m.
Attest:
APPROVED:
City of Ocoee
5~ (i<~\1
S. Scott Vandergrift, Mayor
~6JuJiAu"
" Eikenberry, City ClerIt)
Page 13 of 13